Legal Question in Bankruptcy in Minnesota

Banruptcy

If I filed bankruptcy and my name was on a house with my father and my father passed away, what happens to the house? What can my mom do, anything?


Asked on 2/08/08, 11:20 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Banruptcy

You really need to talk to your lawyer about this. You may have a very serious problem. If you did the bankruptcy without a lawyer, this could be a good example of why nobody should do that.

That house is an asset that should have been disclosed in your bankruptcy petition. Concealing assets can be a felony. If it was not in your petition, you need to amend your petition immediately to include it.

What happens to the house? Your interest in the house is an asset which belongs to the trustee in your bankruptcy case. Perhaps all or part of your interest can be claimed as exempt - but that requires another amendment to your exemption claims.

Ultimately you will probably need to make some sort of deal with the trustee.

In any event, you should be banking on the door of your lawyer's office, very loudly.

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Answered on 2/08/08, 12:03 pm


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